浅析医疗卫生服务模式与诉讼制度——以英、德、美为参照

Analysis on medical health service mode and the litigation system

医疗卫生服务模式与医疗诉讼制度密切相关。医疗卫生服务市场化程度与患者保护程度正相关,与医生保护程度负相关。我国医患矛盾难以解决的原因之一是市场化程度与患者保护程度不相适应。医改确立了政府主导的医疗卫生服务模式,医疗诉讼制度可能会提高对医生的保护程度,保护方法包括直接保护和间接保护,直接保护容易实施,但从长远来看,间接保护更可行。

The medical health service mode and the medical litigation system are related closely. The market degree of the medical health service is correlated positively with the protection to the patients, and negatively with the protection to the health care providers. The medical health service is not compatible with the protection to the patients in China, and the discordance is one main reason in difficult resolution of the doctor-patient conflicts. As the health care reform establishes the medical health service mode dominated by the government, the medical litigation system may improve the protection to the health care workers, which including the protection directly and indirectly. The direct protection is implemented easily, however, the indirect means will be more feasible in the long term operation.